Miami Exactech Knee & Ankle Replacement Recall Lawyer

If you live in Miami-Dade and a surgeon has told you that the knee or ankle implant in your body came from a recalled Exactech product line, you are facing a decision that most injury victims never have to make: whether the device that was supposed to give you your mobility back is now the reason you need a second operation. Spencer Morgan Law handles injury claims for Miami and the Greater Miami area, and our work on a Miami Exactech knee & ankle replacement recall matter starts with that decision, because the choices you make in the next few months can affect both your health and your claim.

Exactech recalls matter in a way that an ordinary product defect does not. The problem is often not visible on day one. A polyethylene insert wears faster than it should, debris builds up around the joint, bone is slowly lost, and pain or instability appears years after a surgery that seemed to go well. By the time a patient connects the dots, the original operation may be long behind them, and the clock on a legal claim may already be running.

This is not the same as a surgeon making a mistake in the operating room, and it is not the same as a car crash with a clear date and a police report. A recall claim sits at the intersection of product liability and, in some situations, medical negligence. Sorting out which one you actually have, or whether you have both, is the first real piece of legal work.

Why Spencer Morgan Law Is Where Recall Patients Turn in Miami

The people who come to us about defective medical devices tend to be those who were not looking for a lawyer at all. They were looking for a pain-free walk to the mailbox, and instead they got a letter, a phone call from the surgeon’s office, or an unsettling conversation at a follow-up appointment. They want someone to explain, in plain language, what happened to their body and what a legal claim could realistically do about it. That conversation is how we start.

That span matters here because device and malpractice cases reward patience and a working knowledge of how insurers and defendants actually behave. Our clients regularly point to the same things in their reviews: frequent updates, clear answers to every question, and the sense that they were treated like family rather than a file number. One client told us the case was explained to her in the best possible way at every step, and another said he and his staff answered hundreds of questions over the life of his claim.

Our results show the kind of money that serious injuries can involve. We have recovered $1,000,000 in a semi-truck crash, $1,000,000 in an auto accident settlement, $850,000 in a slip and fall, and $800,000 in a maritime accident. We have also held doctors, hospitals, and health care workers accountable in medical malpractice matters, including a settlement against a rehabilitation center for a negligent patient transfer. We do not promise any particular outcome in an implant case, and every claim depends on its own facts, but that record reflects the work of taking complex injuries seriously.

You do not pay us unless we recover. Consultations are confidential, and we offer Spanish-language services for the many Miami families who prefer to discuss their health and finances en espanol. We also help with the practical side of an injury, including getting needed medical care and resolving medical bills, which matters when a revision surgery is on the horizon and the paperwork is piling up.

Situations That Bring Implant Recall Patients Through Our Door

• Early Failure of a Knee Replacement: A knee implant that loosens, grinds, swells, or gives way within a few years is a warning sign, particularly when imaging shows wear in the plastic insert or bone loss around the components.
• Ankle Replacement Complications: Ankle replacements are performed far less often than knee replacements, so patients and local orthopedic practices have less margin for a product that wears or fails prematurely.
• Revision Surgery: A second operation to remove and replace a recalled implant is harder than the first. It usually means more bone loss, a longer recovery, and more time away from work, all of which are part of the damages picture.
• Recall Notice Without Symptoms: Some patients received a recall letter and feel fine. Whether and when to act is a medical and legal question, and the answer is rarely “ignore it.”
• Surgeon or Hospital Failed to Warn: In some cases the question is not only what the manufacturer did, but whether a provider continued using a product after problems were known or failed to tell a patient about a recall.
• Delayed Diagnosis of Implant Failure: When complaints of pain were dismissed for months and a failing device went unrecognized, a medical negligence claim can sit alongside the product claim.
• Lost Income and Long Recovery: Miami workers in hospitality, construction, retail, and healthcare often cannot sit out a lengthy rehab, and the wage loss from a revision surgery can be as significant as the medical bills.
• Family Impact: Spouses who become caregivers, adult children who rearrange their lives, and households that lose a second income all feel the effects of a failed joint.

What to Do Now If You Have an Exactech Implant

Start by finding out exactly what is in your body. Ask the hospital or surgery center that performed your operation for the implant record, which lists the manufacturer, product line, and lot or serial numbers. This sheet is the single most useful document in a device claim, and the sooner you have it, the easier everything else becomes. If a recall letter arrived, keep the envelope and the letter together. If the original surgeon is no longer practicing or the facility changed hands, request the records anyway and keep a copy of the request.

Do not skip your medical follow-up. Whatever you decide about a lawsuit, an orthopedic surgeon should evaluate the joint, order imaging, and tell you whether the device is performing properly. Your health comes first, and the records created at those visits also document the problem. If a second surgeon recommends revision, ask that the operative notes describe what was found, and ask that any removed components be preserved rather than discarded. Retained hardware can be critical evidence, and once it is gone, it is gone.

Keep a simple record of how the joint has affected you: missed shifts, activities you stopped doing, pain levels, help you needed at home. Gather bills, explanations of benefits, and any correspondence from the manufacturer, the hospital, or an insurer. Be cautious about signing anything a company sends you, and do not give a recorded statement to an insurance adjuster before speaking with a lawyer. Offers made early rarely account for a revision surgery that has not happened yet.

Timing is the part people most often get wrong. Florida’s product liability deadline is four years, with a twelve-year outer limit on repose. A medical negligence claim is different: two years from when you discovered the problem, with a four-year repose period, though fraud or concealment can extend it. Before filing a medical negligence suit, Florida law requires a notice of intent to the prospective defendants, a 90-day investigation period during which the limitations clock is tolled, and a response from the defendant or its insurer. Which deadline controls depends on who did what and when you learned about it, so do not assume you have the longer one. A conversation early on is the surest way to avoid losing a claim over a calendar technicality.

If a case is filed here, claims of this size generally belong in circuit court, which handles disputes above the county court limit, in the Eleventh Judicial Circuit serving Miami-Dade County. Appeals from the circuit run through the Third District Court of Appeal, which sits in Miami. Product claims against a manufacturer can raise additional questions about where a case is filed and whether it is combined with others, which we would walk through with you.

How a Recall Claim Differs from a Typical Injury Case

In a car crash, you can usually point to a moment, a driver, and an insurance policy. In an implant case, the defendant is often a company, and the question is whether the product was defectively designed, manufactured, or sold without adequate warnings. The proof is technical: engineering records, testing, recall communications, complaint histories, and expert opinions from orthopedic and materials specialists. The recall itself is not an automatic win, but it can be powerful evidence that the manufacturer recognized a problem.

Florida also allocates fault among the parties rather than making everyone jointly responsible for the whole amount. Under the state’s comparative fault rules, each defendant answers for its own share, which makes identifying every responsible party important. A patient who is found mostly at fault for their own harm can lose the right to recover in many negligence cases, though that bar does not apply to claims arising from medical negligence. In an implant case, defendants sometimes point to patient weight, activity level, or a missed follow-up, so your medical history and your compliance with your doctor’s instructions will be examined.

Medical bills are another area where Florida law has changed how evidence comes in. When treatment is provided on a promise to be paid from a settlement or judgment, the arrangement has to be disclosed, including who referred you to the provider. When you have health insurance, the amounts the plan actually pays and your own share can be what a jury hears about past medical costs. These rules affect how a claim is built, and they are one reason it matters to line up treatment and billing thoughtfully from the start.

In medical malpractice cases, Florida’s caps on noneconomic damages were struck down by the courts, so there is no enforceable cap on pain and suffering in litigation. That does not mean a recovery is guaranteed or large, but it does mean the law does not artificially limit it for the human cost of a failed surgery.

Questions Miami Patients Ask About Exactech Recalls

How do I know if my implant is part of the recall?

Request the implant record from the facility that performed your surgery. It identifies the manufacturer and the specific product and lot numbers. Compare it with any recall notice you received, and ask your surgeon’s office to confirm. If you cannot find a record, we can help you track it down.

Do I need to have symptoms to have a claim?

Not necessarily, but symptoms and medical findings shape the value of a claim. A patient with a recalled implant who is pain-free may face different questions than one who needs revision surgery. Either way, keep your records and have the joint monitored.

What is the deadline to file in Florida?

It depends on the type of claim. Product liability claims generally have a four-year period with a twelve-year repose limit. Medical malpractice claims run two years from discovery with a four-year repose limit, and require a pre-suit notice and a 90-day period before filing. General negligence claims that arose after March 24, 2023 have a two-year period. Because the right deadline varies, speak with a lawyer rather than guessing.

Can I sue my surgeon or the hospital as well as the manufacturer?

Sometimes. If a provider ignored a known recall, failed to warn you, misdiagnosed a failing implant, or made errors during surgery, a separate negligence claim may exist. Those claims follow the medical malpractice process and its own deadlines.

What if my surgery was many years ago?

Florida’s repose periods put an outer limit on some claims, but the clock for others starts when you discover or should have discovered the problem. Fraud or concealment can extend certain deadlines. Do not assume it is too late without having your dates reviewed.

Should I keep the removed implant after revision surgery?

Ask your surgeon and the hospital to preserve it and to document that it was retained. Removed hardware can be examined by engineers and is important evidence. Do not let it be discarded or returned to a company without legal advice.

Will my health insurance pay for revision surgery while a claim is pending?

In most cases, yes, your health coverage can pay for medically necessary treatment, and your claim can later seek to recover those costs. Do not delay needed care to wait on a lawsuit. If providers treat you on a promise of payment from a future recovery, that arrangement has to be disclosed in the case, so we want to know about it early.

Is it worth hiring a lawyer if my recovery has gone fairly well?

It can be. Revision surgery sometimes becomes necessary later, and a claim resolved too early may not account for it. A consultation costs nothing, and you do not pay legal fees unless there is a recovery.

What if I was partly responsible, such as not following up with my doctor?

Fault can be divided among the people involved. Under Florida’s comparative fault law, a plaintiff more than 50 percent at fault in most negligence cases recovers nothing, and otherwise recovery is reduced by their share. That bar does not apply to claims arising from medical negligence under the medical malpractice statutes. Missed appointments are a common point of dispute, so tell us honestly what happened.

Can a family member bring a claim if the patient has died?

Wrongful death claims in Florida generally must be filed within two years of the date of death and are brought by the estate for the benefit of survivors. Which family members can recover certain damages depends on their relationship, and some limits apply when the death results from medical malpractice. If a loved one died after implant complications, call us promptly.

Does it cost anything to talk with you?

No. Consultations are confidential, and you do not pay us unless we recover. We also offer Spanish-language services.

Serving Implant Recall Patients Across Miami-Dade and Beyond

From downtown Miami and Brickell through Little Havana, Coconut Grove, and Coral Gables, we represent patients who have been hurt by defective implants and negligent care. We also work with clients in Kendall, Pinecrest, Palmetto Bay, Cutler Bay, and Homestead to the south, and in Doral, Miami Springs, Hialeah, and Miami Lakes to the northwest. Patients in Miami Beach, North Miami, North Miami Beach, Aventura, and Sunny Isles Beach come to us as well, along with those in Westchester, Sweetwater, and the Opa-locka and Miami Gardens communities.

Our reach extends throughout the Greater Miami area and across the state of Florida. If your surgery took place at a hospital outside Miami-Dade, or you have since moved, we can still talk through where your claim stands. Because the Eleventh Judicial Circuit serves Miami-Dade County and hears the larger civil cases, many local patients can expect to file here, but the right venue depends on where the defendants are and where the care took place.

Talk With a Miami Exactech Recall Attorney

A recall notice is not a legal conclusion, but it is a reason to find out where you stand. If you are searching for a Miami Exactech knee and ankle replacement recall attorney, Spencer Morgan Law will review your implant records, your medical history, and your timeline, and tell you plainly whether we see a claim and what it would involve. You will not pay unless we recover, and your consultation is confidential.

Call Spencer Morgan Law to schedule a consultation. We will keep you informed, answer your questions, and help you take the next step on your health and your claim, en ingles o en espanol.